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(영문) 수원지방법원 2020.08.20 2020노2867
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unfluened and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is an act of taking part in the organization of Bophishing criminal and keeping 7 physical cards in the name of another person for the purpose of using them for the crime of this case. Considering the fact that the crime of this case is very poor in the nature of the crime in light of the method of the commission of the crime, etc., the crime of Bophishing is hard to crack down because it is a secret and organized act of crime, and it is not easy to recover the damage, and it is highly harmful to society, and the damage has not been recovered and the defendant has not been able to take advantage of it, it is reasonable to punish the defendant strictly.

However, in full view of the following facts: (a) the Defendant led to the confession of all crimes and reflects the mistake in depth; (b) the Defendant directly involved in the crime as a means to collect the damage amount; (c) the Defendant committed an attempted crime; (d) the Defendant does not seem to have committed the crime under a conclusive recognition of the substance and appearance of the Bosing crime; (c) the Defendant appears to have committed the instant crime as his living conditions; (d) the Defendant appears to have led to the instant crime; (e) the Defendant was to support his mother and wife, her children after release; (e) the Defendant had no record of punishment in Korea; and (e) other various sentencing conditions shown in the instant records and arguments, such as the Defendant’s age, career, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is again made as follows.

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